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Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted
by Dale Chappell
The U.S. Court of Appeals for the Ninth Circuit held that trial counsel’s failure to obtain a mental health expert and psychological testing constituted ineffective assistance of counsel (“IAC”), rendering the death-penalty sentences invalid. The Court reversed the denial of habeas corpus relief and instructed the U.S. ...
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More from this issue:
- The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions, by Anthony Accurso
- Tennessee County Disproportionately Jails Black Children, and It’s Not Getting Better, by Jacob Barrett
- Digital Tyranny: Beware of the Government’s Push for a Digital Currency, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda, by Richard Resch
- Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile, by Dale Chappell
- Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted, by Dale Chappell
- Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense, by Matthew Clarke
- Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release, by Matthew Clarke
- Maryland Court of Appeals Announces Accepting Empaneled Jury Doesn’t Waive Prior Objection to Trial Court’s Refusal to Propound a Voir Dire Question, by Douglas Ankney
- United States Has Four Percent of the Global Population and Over Thirteen Percent of Global Deaths at the Hands of Law Enforcement, by Casey Bastian
- I, Robot, Am The LAW!, by J.D. Schmidt
- Thanks to Homeowner’s Private Security Camera Catching Cops’ Blatant Misconduct, He’s a Free Man, by Douglas Ankney
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, by Richard Resch
- Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop, by Anthony Accurso
- Connecticut Supreme Court: Trial Court Abused Discretion by Limiting Self-Represented Defendant’s Direct Examination Regarding Risk of Injury to a Child, by Matthew Clarke
- Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case, by Dale Chappell
- Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule, by Douglas Ankney
- Crushing Whistleblowers, by Jayson Hawkins
- California Court of Appeal Orders New Trial Due to Jurors Considering Potential Penalty During Guilt Phase of Deliberations, by Douglas Ankney
- Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel, by Matthew Clarke
- FOIA Request Reveals How the FBI Obtains and Analyzes Cellular Provider Data, by Anthony Accurso
- Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings, by Anthony Accurso
- Facbook Reminds Police, No Dummy Accounts for Surveillance, by Anthony Accurso
- Government Drones Compromise National Security, yet the NYPD Uses Them, by Ashleigh Dye
- LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals, by Douglas Ankney
- News in Brief
- Discredited Narcotics Unit Revamped as Firearms Unit, by Douglas Ankney
More from Dale Chappell:
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Failure to Treat (Mental Illness), Mental Health Experts, Post Ake v. Oklahoma, Judgment - Modification of.
- Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, Nov. 1, 2023. Ineffective Assistance of Counsel, Probable/Proximate Cause, Prejudice - Potential for Undue, Timeliness.
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, Oct. 15, 2023. Release and Reentry, Habeas Corpus, Ineffective Assistance of Counsel.
- California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction, Aug. 1, 2023. Ineffective Assistance of Counsel, Enforcement of Immigration Laws, Grounds for Relief.
- SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction, Aug. 1, 2023. First Amendment, rights, Mental Health Experts, Reckless Endangerment/Risk of Injury.
- Bad Lawyering, Bankruptcy Torpedo Suit Over Delaware Prisoner’s Death, July 15, 2023. Settlements, Wrongful Death, Ineffective Assistance of Counsel.
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, June 15, 2023. Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches.
- Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence, May 15, 2023. Ineffective Assistance of Counsel, Pending Appeal/Sentencing, Sentencing Disparity.
- Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial, May 15, 2023. Ineffective Assistance of Counsel, New Trial/Judgment of Acquittal, Exculpatory Evidence - Disclosure Obligations.
- Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, Feb. 15, 2023. Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness.
